Southbridge plans to evict airport operator

SOUTHBRIDGE — Special counsel Adam J. Costa has been directed to begin evicting municipal airport operator James W. Latour, Town Manager Christopher Clark said this week.

On Oct. 7, a 30-day notice to quit was delivered to Mr. Latour.

On Nov. 6, Mr. Clark — accompanied by police Lt. Shane D. Woodson — went to collect keys from Mr. Latour, but the contractor announced he would not leave.

Mr. Clark said he knew Mr. Latour was unhappy about the order to leave, but he'd indicated he would go peacefully and had cleaned out his office, except a television, desk and sofa.

Among the list of alleged violations, the town said Mr. Latour failed to properly maintain the facility and was habitually late paying his monthly rent — although he became current in recent months.

Mr. Latour's lawyer, Michael V. Caplette, said his client did not violate the lease, and he disputed the manager's authority to issue the notice to quit. A commission runs the airport.

Commission Chairman Leonard Vigneault did not return a phone message left Wednesday afternoon, but Mr. Clark said the commission recently voted 3-0 to support his request to end the relationship.

Mr. Caplette alleges the town interfered with two sub-tenants, essentially evicting the management of the airport restaurant.

The town is rebuilding the municipal airport, which was severely damaged by the June 2011 tornado.

Mr. Caplette asserts Mr. Latour was not required to pay rent because the town failed to complete the various needed repairs at the airport.

The 20-year lease, which began in 2003, called for Mr. Latour to pay a base monthly rent of $250 during the first five years, and to pay $450 per month in years six through 10. He is to pay $550 per month in years 11 through 15, and $650 per month in years 16 through 20.

In addition to the base rate, Mr. Latour pays a $175-per-month unit fee for each of six hangars.

Because of the 2011 storm, the lease was amended back to $250, with a $175 credit per hangar that wasn't rented, Town Treasurer Melinda-Ernst-Fournier said.

Mr. Caplette said his client never agreed to the change.

"That's a unilateral thing done by Chris Clark," he said. "What he's responding to at that point is Jim saying, 'When are you going to fix the buildings? I don't have to pay any rent.'"

Mr. Latour paid $425 on June 1 because he had one hangar space rented. For July and August he paid $700 each, for September it was $1,050, and for October and November he paid $875 each, Ms. Ernst-Fournier said.

During the past three years, Mr. Latour was generally several months late paying, she said.

Mr. Clark, who intends to install Ronald C. Plouffe as the interim airport manager, sent about five letters to Mr. Latour asking him to pay his rent on time.

Last summer, Mr. Clark said, he sent notice that asserted the town had had enough.

Even though Mr. Latour eventually caught up with rent, the manager and commission began to evaluate Mr. Latour's performance and the alleged infractions.

Mr. Latour allegedly didn't pay for oil last winter, even though the contract calls for him to pay all utilities.

"We had to pay his oil bill because they were going to shut off oil to all town deliveries," Mr. Clark said. "We took it out when he paid the rent."

When Mr. Latour asked the town to remediate an issue with the water well, the town invested out of insurance proceeds more than $100,000 to install a water line."Now he doesn't want to pay for usage," the manager said.

During the past six months, the town received a complaint that Mr. Latour was refurbishing a car at the facility, which can only be used for airport business.

The fire inspector checked and confirmed a sports car was being painted, the manager said.

Mr. Latour told a reporter Mr. Clark's claims were untrue. But he declined to elaborate.

Mr. Clark also alleged that the Federal Aviation Administration and state Department of Transportation's aeronautics division expressed concerns about grass at the Southbridge airport being too high, and lights not being maintained.

The agencies threatened to hold up grants as a consequence, Mr. Clark said.

Mr. Caplette said that those problems, which were not necessarily violations, were nevertheless corrected.

The inspector returned 30 days later and found that Mr. Latour had not obtained the labels.

Later, the state aeronautics office bought the labels for Mr. Latour. But when the inspector returned a month later, he found the labels still sitting on Mr. Latour's desk in the terminal building.

"Literally he had to walk 200 feet and put these labels on," Mr. Clark said, adding he received a "terse" email from the agency asking Mr. Clark to intervene.

Of the next steps, Mr. Caplette told a reporter, "As far Jim is concerned, it's business as usual. He wants to continue to operate. This is this man's career."

In light of the problems, councilors began talks earlier this year about whether the town should remain in the airport business.

"The town obviously has some other plans for the airport property," Mr. Caplette said. "I have no idea what those plans are. But they are determined to get Jim Latour out of there. It's our position he has not violated the lease in any way."